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So what, me drawing the exact same image based on a Getty image doesn’t violate anything and everything the AI is doing is massively derivative so I don’t see h

• shagie 4y ago
  Creating a drawing based on an image clearly falls in the existing derivative work. The "what is a model" and "what is the copyright status of the output of the model" are questions that have yet to be settled from the legal standpoint. That Getty has images available for viewing with a watermark and that watermark is reproduced kind of in some results from model generated images suggests that the model was trained on images that were not licensed as the people who created the model claimed. I'll also point to the "I created images from Stable Diffusion that are clearly the cover image from 'Never Gonna Give You Up'" suggests that images aren't as impossible to extract as one would believe from a model. Copyright and derivative works is ultimately the domain of humans looking at laws - not deterministic machines. The case is argued by humans and before humans. A lawyer can and will make a case that the model itself is a derivative work and that the images produced by it have the possibility of being identified as mechanical modifications of existing works and therefore derivative themselves - just as a photograph of a painting is a derivative work of the painting. If the output of the ML model can be identified as having major copyrightable elements from an existing original work, then it is derivative - no matter how it got there. So, returning to your question. If you draw the exact same image based on an image hosted and licensed by Getty - it certainly will be a derivative work and violate copyright.